R-86-909 - 8/28/1986WHEREAS, it is necessary to do channel improvements near Missouri
Pacific Railroad Bridge Number 163.8 at Mile Post 163.8; and
WHEREAS, MOPAC has submitted a letter agreement which will permit
the necessary channel improvements; and
WHEREAS, the City Council wishes to approve and execute said
letter agreement; Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS
That the Mayor of the City of Round Rock, Texas, is hereby
authorized and directed to execute on behalf of the City, a letter
agreement to do channel improvements near the site, a copy of such
letter agreement being attached hereto and incorporated herein for
all purposes. /}
RESOLVED this �d day of 1,2(9_4., 1986.
ATTEST:
JD NE LAND, City Secretary
RESOLUTION NO. 9o9R
MIKE ROBINSON, Mayor
City of Round Rock, Texas
G.T. GRAHAM
GENE:RAI-. MANAGER
Dear Mr. Nuse:
•
C. AADNESEN
ASSISTANT GENERAL MANAGER
R.L. SHORT
GENERAL SUPERINTENDENT
Mr. James R. Nuse
Acting Director Public Works
The City of Round Rock
214 E. Main St.
Round Rock, Texas 78664
August 28, 1985
4((1 fz4
M I S S O U R I P A C I F I C R A I L R O A D CO.
24125 ALDINE:-WE:S'I'1 IE:L.D RD.
P.O. DRAWER M
SPRING, TEXAS 77373
G.R. LILLY
DISTRICT ENGINEER
G.A. TAYLOR
MECHANICAL SUPERINTENDENT
J.S. WILMOTH
DISTRICT MANAGER
CONTRACTS - LAND , 5 LEASE:
With reference to your Letter of May 8, 1985 concerning proposed
channel improvement near the Missouri Pacific: Railroad Bridge Number
163.8 on the Austin Subdivision, at MiLe Post 163.8, in Round Rock,
Texas. The Missouri Pacific Railroad Company, hereinafter referred
to as 'Carrier', is agreeable to allowing the City of Round Rock, to
enter the Carrier's right -of -way in the vicinity of Bridge No. 163.8
for the purpose of removing and clearing debris, reshaping the
ex i s i ng channe L, and the placement of rock or concrete rip-rap above
and below Bridge No. 163.8.
The attached Exhibit 'A' defines the Limits of work along the
Carrier's right -of- -way, being Located approximately 200 feet north
or south of the centerLine of Bridge No. 163.8. At no time is any
material., debris or equipment to be placed closer than 20 feet to
Carrier's main track. The embankment to the Carrier's main track is
not to be altered and no excavation is to be done under or around
the railroad bridge that could undermine its foundation. ALL
debris, materiaL and equipment associated with or resulting from
this work is to be removed from the Carrier's right -of -way on
completion of said work. Prior to any work, Mr. 0. Escamill.a is to
be contacted 48 hours in advance. He can be reached at (512)
476-3927.
The City of Round Rock hereby agrees to defend, Indemnify and
hold harmless the Carrier from all Liability, damages, attorney's
fees and costs, which the Carrier may incur growing out of or
arising by reason of (a) breach of any of City of Round Rock
covenants herein and (b) injuries to or death of City of Round
u
ZAP. 3 "i
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DEF' /mkm
Attachments
BY
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Rock's employees, agents, or servants, or to any other person, or
Loss of or damage to property of Carrier, The City of Round Rock,
The City of Round Rock's employees, agents, or servants or of any
other person, occurring or arising in or from the performance or
non -- performance of any other work herein agreed to be done, or (c)
injuries to or death of The City of Round Rock's employees, agents,
or servants, attributable to the condition of any of Carrier's
premises or facilities or to any tool furnished to City of Round
Rock at City of Round Rock's request.
If you will acknowledge receipt and acceptance upon the copy of
this Letter and return it to the undersigned, this fetter will
become an agreement between us.
Yours very truly,
MISSOURI PACIFIC RAILROAD COMPANY
Genera I. Manager
This acknowledges receipt of this Letter and acceptance of the
above terms and conditions.
DATE: _ _1L4fL._ Q _ 10 ........._ BY
MISSOURI PACIFIC RAILROAD COMPANY
rn _ DISTRICT
DIVISION 12.vct SUB'D a 61:A•.n
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